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2012 DIGILAW 230 (SC)

K. Guruprasad Rao v. State of Karnataka

2012-02-24

G.S.SINGHVI, S.J.MUKHOPADHAYA

body2012
ORDER : G.S Singhvi and S.J. Mukhopadhaya, JJ. - Heard learned counsel for the parties and perused the record including the reports submitted by the Expert Committee appointed by the Court. 2. Shri A.D.N.Rao, learned counsel representing the Archaeological Survey of India submits that the first Bench of this Court has imposed Govt. of A.P. v. Obulapuram Mining Co. Ltd., (2011) 12 SCC 491 total ban on mining in three districts of the State of Karnataka, namely, Bellary, Chitradurga and Tumkur and, therefore, the private respondents cannot undertake mining operations . 3. Shri U.U.Lalit, learned senior counsel appearing for respondent No. 18 submitted that his client did not undertake blasting operations in the area of one of the two licences and that in relation to the second licence also blasting operations will not be undertaken. He further submitted that the plant installed by his client is only meant for purification of the ore available in the area. 4. Ms. Kiran Suri, learned counsel for respondent No. 4 gave out that she has filed reply in the context of the recommendations of the Expert Committee. 5. Before taking up the main issue arising in the special leave petition and ancillary issues arising from the pleadings of the parties filed during the pendency of the matter as also the recommendations of the Expert Committee, we deem it proper to require the State Government to file affidavits of the Principal Secretaries of the departments of Mines and Geology and Environment and Forest as to what action was taken by the concerned departments in the matter of violation of the conditions of licences and the clearance given under the Environment (Protection) Act, 1986 and the notifications issued by the Central Government from time to time. The required affidavits be filed within six weeks after supplying copies thereof to the counsel for the petitioner and other respondents. Response, if any, by the licensees be filed within next three weeks. 6. List the case on 30.04.2012.